For Illinois folks...you can buy ARs & LCMs again-for short time anyways

 
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Post by davidmcbeth3 » Sat. Apr. 29, 2023 2:18 pm

Federal court enjoined the recent law passed a few months ago, so until a stay is issued on the court's order in the appellate court, one can buy ARs again in Illinois.

If wishing to do so, folks can buy ARs at least for a few days. I expect an appeal

This includes Illinois folks and others who wish to buy a AR in Illinois. Long guns can be bought in other states from where one lives.

I have bought long guns in other states .. just visiting a state and see an item that is a good deal. Many states, its in and out for a gun buy.

Just a FYI .. one can search the web for the decision .. issued this week. The court enjoined almost the entire law passed.


 
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Post by Sunny Boy » Sat. Apr. 29, 2023 3:57 pm

Question now is, will the State obey that court, or do like NY - ignore the SCOTUS ruling and make things even tougher ?

Some good news though, as of last July, now 26 States have passed legislation allowing permitless concealed carry. Painfully slow, but the 2nd Amendment is winning ground.

Paul

 
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Post by davidmcbeth3 » Sat. Apr. 29, 2023 5:56 pm

Sunny Boy wrote:
Sat. Apr. 29, 2023 3:57 pm
Question now is, will the State obey that court, or do like NY - ignore the SCOTUS ruling and make things even tougher ?

Some good news though, as of last July, now 26 States have passed legislation allowing permitless concealed carry. Painfully slow, but the 2nd Amendment is winning ground.

Paul
I assume the DEMs will appeal to 7th appellate court and get a stay .. then will affirm the lower court. Then they'll seek SCOTUS review which will be denied.

My guess. Heller I from 2000's was not the best written opinion...Bruen cleared it up, almost 20 yrs later.

Examining bans starts with an initial 2 step process: 1) IDing that the thing banned is an "arm" 2nd) seeing if it is common use (with tasers, 200K units in hands of citizens=common use--decided about 24 mo ago by SCOTUS) If the answer to both is YES, that's it...its protected, no need to examine anything further. Ban in that case = unconstitutional

 
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Post by Sunny Boy » Sat. Apr. 29, 2023 6:50 pm

I hope it goes before SCOTUS to clarify Bruen and slap NYS. A judge here recently issued a stay against NY State as to what the State can call areas that carrying are banned in, which had been most of the State.

Cailfornia had their assault weapon ban overturned by a Fed Judge also, yet Washington State just passed a ban on the sale of assault weapons.

The antigun mob keep pushing. They keep losing, but they keep pushing.

Paul

 
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Post by davidmcbeth3 » Sat. Apr. 29, 2023 7:47 pm

A NJ Fed. court recently decided against NJ law passed as "punishment" for the Bruen decision.

The opinion noted that the legislature had a duty to check if the law could pass constitutional muster prior to passage instead of at the time when the law was being addressed in court.

Overall, things are not looking good for these crazy laws, many passed just recently to annoy gun owners.

 
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Post by davidmcbeth3 » Mon. May. 01, 2023 6:01 pm

https://news.stlpublicradio.org/law-order/2023-03 ... s-ban-case

Looks like the Illinois supreme court has a woody to try to screw over Illinois citizens. My guess is that the state court will say that the law does not, through the power of magic , implicate the 2nd amendment. And it will go to SCOTUS where SCOTUS will decide not to hear the case.

 
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Post by grumpy » Mon. May. 01, 2023 6:13 pm

Why would they not hear the case ?

Time to make them pass whole laws so to speak.

It's in violation of the Privileges or Immunities Clause, Due Process Clause and Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and seeks to set limits on the 2nd Amendment rights under that due process, denying equality of right under them.

The Equal Protection Clause is located at the end of Section 1 of the Fourteenth Amendment:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.[emphasis added] [link to en.wikipedia.org (secure)]

You can't place unequal limitation on people. All people are to be treated equally and when you deny the right of some and uphold it for others, there is an inequality present.

You can't strike down the ownership of these weapons for some while retaining it for others.

That is an infringement upon those who would seek to enjoy the same freedom.

They can't get around this. The second Amendment says a right to bear arms can't be infringed. They don't get to create two separate class of people. We all share the same inalienable rights, not just those they choose.

Make them confiscate all the guns that are banned, let’s see how that goes.


 
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Post by Sunny Boy » Mon. May. 01, 2023 6:14 pm

davidmcbeth3 wrote:
Mon. May. 01, 2023 6:01 pm
https://news.stlpublicradio.org/law-order/2023-03 ... s-ban-case

Looks like the Illinois supreme court has a woody to try to screw over Illinois citizens. My guess is that the state court will say that the law does not, through the power of magic , implicate the 2nd amendment. And it will go to SCOTUS where SCOTUS will decide not to hear the case.


Hopefully SCOTUS will hear it after NY and Washington States just gave them the middle finger after the Bruen ruling. And the Dems are pushing to delegitimize the Judges with claims of ethics violations.

Paul

 
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Post by grumpy » Mon. May. 01, 2023 8:09 pm

Why is SCOTUS Ignoring the Equal Protection Clause?

 
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Post by SMITTY » Mon. May. 01, 2023 10:03 pm

MA's bulldyke former attorney general - now governor - unilaterally BANNED AR-15's for sale in MA years ago. No votes - not even at 1am on Christmas morning - just by executive fiat, like most things are handled by the power-hungry, elitist emperors of MA.

:x

 
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Post by Sunny Boy » Mon. May. 01, 2023 11:34 pm

Trying to intimidate the court is against the law. Does this count ? Or will it make SCOTUS slap down the STATES that are infringing on 2nd Amendment rights ?

https://www.yahoo.com/news/supreme-court-under-fi ... 30609.html

Paul

 
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Post by davidmcbeth3 » Tue. May. 02, 2023 2:37 am

Sunny Boy wrote:
Mon. May. 01, 2023 11:34 pm
Trying to intimidate the court is against the law. Does this count ? Or will it make SCOTUS slap down the STATES that are infringing on 2nd Amendment rights ?

https://www.yahoo.com/news/supreme-court-under-fi ... 30609.html

Paul
The judiciary have no special relief from free speech which is what I think the article denotes.

Do protests do anything ? I don't think so

 
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Post by waytomany?s » Tue. May. 02, 2023 7:04 am

davidmcbeth3 wrote:
Tue. May. 02, 2023 2:37 am
The judiciary have no special relief from free speech which is what I think the article denotes.

Do protests do anything ? I don't think so
Sure, peaceful protests initiate urban renewal.

 
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Post by Sunny Boy » Tue. May. 02, 2023 2:49 pm

As to the question of will SCOTUS get involved,..... here's a starting point.



Paul

 
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Post by grumpy » Tue. May. 02, 2023 4:32 pm

Good find, at least their paying attention.

Now what about the equal protection clause?

No one here has anything to say, have I got it wrong?


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